two crucial factors to be seen in decisions made by public authorities; the doctrine of legitimate expectations was first formulated by Lord Denning MR in Schmidt v Home Secretary (1969).The doctrine comes into play when a public authority makes a declaration regarding its policy‚ or the manner in which it will exercise its discretion‚ and then seeks to retreat from this position.Those seeking to enforce such a doctrine will naturally be people who have relied on the former position‚ probably to
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Chapter-I DOCTRINE OF SEPARATION OF POWER A) Meaning of Separation of Powers The doctrine of separation of powers implies that there should be three separate organs of government with their separate sets of functions and powers. In other words‚ it implies that the three organs of government should be kept apart from each other in interest of individual liberty. The functions of the government should be differentiated and performed by different organs consisting of different bodies of persons
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the elements of assurance‚ reliance and detriment must be present in order to found a claim of proprietary estoppel . The doctrine has however been widely criticised for being too flexible and uncertain. The main cause of this uncertainty is the lack of clarity surrounding the role of unconscionability. It has been stated that unconscionability is “at the heart of the doctrine‚” and yet there is “little guidance as to what it means‚ little explanation of why it is at the centre and thus virtually
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of the decision itself. English law has recently developed a doctrine of ‘substantive unfairness’ by which an expectation about the outcome of a decision-making process can be protected by the courts in a strong sense. The strength of the protection given under this new doctrine seems to blur the distinction between process and outcomes‚ which leads judicial review in a radical new direction. This article explains the English doctrine of substantive unfairness and considers whether it can and should
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starting gate and had a slight international policy handicap‚ but made up for it with his personal integrity and ambition for world order‚ capitalism preservation‚ and peace. Post World War II (WWII)‚ Truman sought to deter the spread of the communist doctrine of world communism domination via a containment policy. His overall approval rating by the American public during his time in office was around 45% ("Presidential approval ratings”‚ n.d.)‚ but hindsight is 20/20 and some say that rating would be
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systematic approach to finding out why events occurred. He guided their collective efforts in determining areas where new tactics and technology were successfully implemented‚ and issues still needing addressing. By 1923‚ this concerted effort produced doctrine that emphasized offensive maneuver‚ decentralized operations‚ and leadership and
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describes a set of principles and fundamental rules that prescribes a division of powers between the Commonwealth and the six member states of the Federation through the Division of Powers Doctrine‚ and expressly defines a separation of powers between the three arms of government through the Separation of Powers Doctrine. ’The four principles of federalism’ within the Australian Constitution are represented by: a written Constitution; a separation of powers between government branches; an influential Court
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policy was primarily acts of neutrality and refusal to be involved with European affairs that came out of a defensive reaction to perceived threats from Europe. Two of these policies in include Washington’s Proclamation of Neutrality and the Monroe Doctrine. Both of these policies expressed the neutrality of the United States in European affairs and helped the new country to develop without the constant threat of war. President George Washington issued the Proclamation of Neutrality in 1793 as a response
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To What Extent Does the Doctrine of Parliamentary Supremacy Explain why the UK Continues to Have an Uncodified Constitution? It is well known among the legal and political communities across the world that the UK possesses quite a unique constitution. Our constitution is different to most others‚ with the possible exception of Israel and New Zealand‚ because it is not codified‚ or contained within one written document. The most recognisable codified constitution is that of the USA‚ which is contained
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As James Munby firmly stated‚ “it is impossible to define‚ and difficult even to describe‚ at what point at which the influence becomes‚ in the eye of law‚ undue.” The doctrine of undue influence has been agreed upon as “the ground of relief developed by the courts of equity as a court of conscience.” It is an ordinary behaviour to influence individuals and persuade them to enter into transactions. However‚ the aim is to ensure that the influence exercised is not abused. On the grounds of these concepts
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